After two years of non-stop rumors and wild speculation the Mythical Apple Tablet (aka the Unicorn) will apparently become a reality later this month.

Among other things, the Unicorn is expected to single handedly (hoofedly?) save newspapers, magazines, and book publishers, while simultaneously killing Amazon’s Kindle. That’s a tall order for a device that no one outside of Apple has actually seen yet. These expectations are not surprising considering the amount of wishful thinking that has been projected onto the device by print industry insiders desperate for salvation in a world that is increasingly turning digital.

I have no intention of adding to the ill-informed speculation about the Unicorn’s specifications or magickal capabilities. Instead, I’d like to take a moment to dissect the claim that an Apple tablet will somehow kill the Kindle.

The logic seems to be that Apple’s tablet will provide a superior user experience to the Kindle (a reasonable assumption), and that consumers will favor a multi-purpose device over a dedicated reading device (probably true). As a result, the tablet is expected to become the digital reading device of choice. In other words, the Kindle is toast!

Last week bookseller Barnes and Noble unveiled the Nook, its long-awaited eReading device. Although ill-named, the Nook is a worthy competitor to the Kindle, offering a number of features not found on the Amazon device, including LendMe, a feature that allows for controlled sharing of ebooks. While the sharing feature comes with a number of limitations, it would appear to be a small but important step towards making DRM-restricted content slightly more flexible for consumers. There’s just one problem — publishers want no part of the Nook’s LendMe feature.

Publishers Lunch reported last week (registration required) that many large publishing houses have indicated that they won’t participate in the LendMe program.

To be clear, the LendMe feature is extremely limited. Books are lent for a maximum of 14 days. And unlike the library, there are no extensions. When a book is lent, the lender loses access, and once the book is returned to the lender it can never be lent again.

“if publishers agree to lending then every ebook offer now and in the future will come with this consumer feature. Over time, I’m concerned that lending won’t grow the market and in fact could hurt it.”

What Unnamed Publishing Executive seems to fear most is a sense of consumer entitlement. If consumers have the right to share ebooks now, they’ll expect to have that right until the end of time. Never mind the fact that consumers share print books all the time. Since the sharing of books is apparently a bad thing, we can only assume that the ease with which consumers share printed books is a flaw inherent in the print format. Fortunately publishers can correct that flaw in the digital realm through the liberal use of oppressive DRM.

I suppose this worldview shouldn’t come as a surprise. If the history of digital media has taught us one thing it’s that media companies see the digital future as an opportunity to exert extreme control over how consumers use and interact with content.

The surprise here is not that the paper has rediscovered piracy for the umpteenth time, but rather that, despite the paper’s many discoveries, it has failed to gain a deeper understanding of the issues surrounding piracy. Instead, the paper chooses to play to the worst fears of the publishing industry, while demonstrating a complete lack of understanding of what motivates consumers of digital media.

NYT columnist Randall Stross theorizes that the widespread availability of pirated ebooks combined with growing consumer adoption of digital reading devices like the Kindle, may ultimately lead to massive piracy of the sort that the music business experienced during the Napster era. Apparently it’s just a matter of time before Kindle owning consumers pirates wake up the fact that they can save 10 bucks by downloading bootlegged ebooks from RapidShare instead of buying direct from Amazon.

The scenario might actually seem plausible if you had no knowledge of either RapidShare or the Kindle. Let’s pause for a moment to compare the ebook acquisition process from both sources:

Kindle:

Find the book you want by searching the store that’s conveniently integrated into your Kindle device.

Press the buy button. Yes, you just spent $9.99. Painless, wasn’t it?

Start reading.

RapidShare:

Find the book you want by searching the… Wait a minute. It turns out that RapidShare has no on-site search engine.

Turn to Google or some other search engine to find the exact URL for the book you want to download. This might take a while, but fortunately pirates have loads of free time.

Once you’ve found the exact URL you’ll discover that you can’t download the file immediately. Instead, you’ll be told that all of the free download slots are in use. You’ll have to try again in two minutes. Repeat this step until a slot opens up (it might be hours, it could be days).

Alternately, consider paying for immediate access. For a mere 6.99€ you can download from RapidShare without waiting. That’s only 20 cents more than the price of the book you’re about to steal. A small price to pay for sticking it to The Man.

Once you’ve downloaded your book you’ll need to find a way to move the file to your Kindle (Whispersync might be convenient, but it’s not the pirate way).

Prepare for the likelihood of some slight formatting problems with your new book. In most cases you’ll be able to figure out the intended meaning of the poorly OCR’d text. And you’ll just have to get used to the page numbers that are embedded in the middle of each page.

If publishers can learn one thing from other forms of digital media, it is the importance of a quality consumer experience. Consumers place a premium on convenience and ease of use. As a result, free is not always the clear choice.

The best way to prevent piracy is by making it easier to buy a product than it is to steal the same product. Despite my many reservations about Kindle’sproprietary DRM, Amazon has made the Kindle book buying experience frictionless. Publishers who fear piracy should work to emulate the Kindle discovery and purchasing process.

Right now the number one tool against ebook piracy isn’t DRM, it’s Whispersync.

When media historians write the history of DRM they may well devote a whole chapter to the day that Amazon customers awoke to find that their Kindle editions of “1984” had vanished into a memory hole and that Big Brother Bezos had apparently turned George Orwell into an unperson.

You would be hard pressed to invent a more apt or ironic example of the dangers of DRM. Surely this will be the incident that finally raises consumer awareness of the risks involved in buying DRM protected media.

And yet, after digging deeper into this story, I’m not convinced that this was a DRM issue at all. At least, not in the truest sense.

Further, this incident raises a host of interesting rights related issues that have largely gone unexplored in the days since.